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2002 Supreme(Mad) 239

R.JAYASIMHA BABU, A.KULASEKARAN
K. Sadagopan – Appellant
Versus
K. Yamunan – Respondent


Advocates Appeared:
Mr.M.Vijayakumar, Advocate for Appellant. Mr.N.S.Varadachari, Advocate for Respondent.

Judgment :-

R.Jayasimha Babu, J.

1. The will executed by late Sri R.Kesava Iyengar who was the doyen of the Bar of this Court and had practised in this Court for a period of nearly seventy years from 1917 to 1987 and who died at the age of 98 on 9th November 1990 after executing a will on 05.06.1968 (Ex.P.2) bequeathing his house in Triplicane to his youngest son K.Yamunan, advocate, became the subject matter of T.O.S. No.25 of 1991 in which the letters of administration with a copy of the will annexed thereto sought by the plaintiff Yamunan was opposed by one of his step brothers Sadagopan. The will is a holograph one written in a firm hand by the testator. The will is attested by two witnesses -S.Parthasarathy, the elder son-in-law of the testator, and Narayanan, brother of Parthasarathy.

2. All five daughters by the third wife, as also two of the three sons by the second wife of the testator filed affidavits consenting to the grant of letters of administration in favour of Yamunan the only son by the third wife. The sole objector was Sadagopan, the third son of the testator by his second wife. The testator had been married thrice, the second marriage being after the demise of the























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